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Eat My Dirt! Dirt-For-Debt Swaps Under 11 U.S.C. §1129(B)(2)(A)(Iii), Daniel Austin
Eat My Dirt! Dirt-For-Debt Swaps Under 11 U.S.C. §1129(B)(2)(A)(Iii), Daniel Austin
Daniel A. Austin
No abstract provided.
Payment Of Pre-Petition And Post-Petition Employee Severance Benefits, Daniel Austin
Payment Of Pre-Petition And Post-Petition Employee Severance Benefits, Daniel Austin
Daniel A. Austin
This article examines whether severance benefits promised to employees pre-petition may be paid after the employer has filed a chapter 11 bankruptcy petition. The answer depends on whether the severance benefits were payable based on length of service or in a single lump-sum payment, and whether the debtor is in a majority-or-minority-rule jurisdiction. For most debtors, pre-petition lump-sum severance benefits are not payable as an administrative expense. Severance benefits based on length of service must be allocated between pre- and post-petition service. This article does not deal with benefits provided under a collective bargaining agreement, which are governed under Section …